How to File a Government Claim After the LA Fires: Step-by-Step Guide for Fire Victims

If you plan to sue the City of Los Angeles, LADWP, or any other government agency for damages from the 2025 LA fires, there's a critical first step you cannot skip: filing a government claim.

Under the California Tort Claims Act, you must file a formal claim with the government agency before you can file a lawsuit. Miss this deadline, and you may lose your right to sue forever—no matter how strong your case is.

This guide explains exactly how to file a government claim against the City of Los Angeles, LA County, or LADWP after the Eaton Fire, Palisades Fire, or other 2025 California wildfires.

Why Do I Need to File a Government Claim?

Government agencies—including the City of Los Angeles, Los Angeles County, and public utilities like LADWP—have special legal protections. You cannot simply file a lawsuit against them like you would against a private company or individual.

The California Tort Claims Act (Government Code §§ 900-935) requires that before suing a government entity, you must:

1. File a written claim with the appropriate government agency
2. Wait for the agency to respond (they have 45 days)
3. Only then can you file a lawsuit (if the claim is denied or ignored)

If you skip this step and file a lawsuit directly, your case will be thrown out.

Critical Deadlines for Filing Government Claims

The deadlines for government claims are much shorter than regular lawsuit deadlines. For LA fire victims:

Personal Injury and Personal Property Claims:
6 MONTHS from the date of injury or damage

Real Property (Home/Land) Damage Claims:
1 YEAR from the date of damage

For the January 2025 LA fires:

• Personal injury/personal property claims: Must be filed by July 7, 2025
• Real property claims: Must be filed by January 7, 2026

WARNING: If your property was damaged AND you have personal property claims (furniture, vehicles, etc.), the 6-month deadline applies to those items. Don't wait until the 1-year deadline thinking everything is covered.

Where to File Your Government Claim

You must file your claim with the correct government entity. For LA fire victims, this typically means:

City of Los Angeles (includes LADWP)

• Online: https://claims.lacity.org/
• By Mail: City Clerk, 200 North Spring Street, Room 360, Los Angeles, CA 90012
• Phone: (213) 978-1133

Los Angeles County

• By Mail: County of Los Angeles, Chief Executive Office, Risk Management Branch, 500 West Temple Street, Room B-347, Los Angeles, CA 90012

Important: If you're not sure which agency to file with, file with ALL potentially responsible agencies. It's better to file too many claims than to miss the right one.

What to Include in Your Government Claim

Your government claim must include specific information required by law. Missing information can result in your claim being rejected. Here's what you need:

1. Your Information: Full legal name, current mailing address, phone number, and email
2. Date and Location: When and where the damage/injury occurred (be as specific as possible)
3. Description of What Happened: Detailed explanation of the incident and how the government entity was responsible
4. Description of Damages: List all property damaged, injuries suffered, and other losses
5. Amount Claimed: The dollar amount of compensation you're seeking (you can estimate if you don't know the exact amount)
6. Signature: The claim must be signed under penalty of perjury

Pro Tip: Be thorough but don't underestimate your damages. You generally cannot recover more than the amount you claim. If you're unsure of your total damages, state that the amount "exceeds $10,000" (or a higher amount) or indicate the damages are "yet to be determined."

What Happens After You File

After you submit your government claim:

1. Confirmation: You'll receive a claim number and confirmation that your claim was received
2. Investigation: The agency may contact you for more information or to schedule an investigation
3. Response: The agency has 45 days to respond to your claim
4. Decision: The agency will either approve your claim, deny it, or let it expire without response (which counts as a denial)

If your claim is denied: You have 6 months from the date of the denial notice to file a lawsuit. This is a strict deadline—don't miss it.

Common Mistakes That Can Destroy Your Claim

Government claim requirements are strict. Here are mistakes that can permanently bar your right to sue:

• Missing the deadline: Even one day late can be fatal to your case
• Filing with the wrong agency: Make sure you file with every potentially responsible government entity
• Incomplete information: Missing required information can result in rejection
• Underestimating damages: You may not be able to recover more than you claimed
• Not keeping copies: Always keep copies of everything you submit

Let a Fire Claims Attorney Handle Your Government Claim

Government claims are technical legal documents with strict requirements. One mistake can cost you your entire case. That's why most LA fire victims hire an attorney to handle their government claims.

At Fire Claims Lawyer, we:

• Identify all government entities that may be responsible
• Prepare and file your government claims properly
• Ensure all deadlines are met
• Handle all communications with the government
• File your lawsuit if the claim is denied

Free consultation. No fee unless we win.

Don't risk losing your right to sue. Contact us today to ensure your government claim is filed correctly and on time.